Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1962
Barcode 950676
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/04/2011 .
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The Committee on Community Affairs (Dockery) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (2) of section
6 212.096, Florida Statutes, is amended to read:
7 212.096 Sales, rental, storage, use tax; enterprise zone
8 jobs credit against sales tax.—
9 (2)
10 (b) The credit shall be computed as 20 percent of the
11 actual monthly wages paid in this state to each new employee
12 hired when a new job has been created, unless the business is
13 located within a rural enterprise zone pursuant to s.
14 290.004(10) s. 290.004(6), in which case the credit shall be 30
15 percent of the actual monthly wages paid. If no less than 20
16 percent of the employees of the business are residents of an
17 enterprise zone, excluding temporary and part-time employees,
18 the credit shall be computed as 30 percent of the actual monthly
19 wages paid in this state to each new employee hired when a new
20 job has been created, unless the business is located within a
21 rural enterprise zone, in which case the credit shall be 45
22 percent of the actual monthly wages paid. If the new employee
23 hired when a new job is created is a participant in the welfare
24 transition program, the following credit shall be a percent of
25 the actual monthly wages paid: 40 percent for $4 above the
26 hourly federal minimum wage rate; 41 percent for $5 above the
27 hourly federal minimum wage rate; 42 percent for $6 above the
28 hourly federal minimum wage rate; 43 percent for $7 above the
29 hourly federal minimum wage rate; and 44 percent for $8 above
30 the hourly federal minimum wage rate. For purposes of this
31 paragraph, monthly wages shall be computed as one-twelfth of the
32 expected annual wages paid to such employee. The amount paid as
33 wages to a new employee is the compensation paid to such
34 employee that is subject to unemployment tax. The credit shall
35 be allowed for up to 24 consecutive months, beginning with the
36 first tax return due pursuant to s. 212.11 after approval by the
37 department.
38 Section 2. Paragraph (d) of subsection (6) of section
39 212.20, Florida Statutes, is amended to read:
40 212.20 Funds collected, disposition; additional powers of
41 department; operational expense; refund of taxes adjudicated
42 unconstitutionally collected.—
43 (6) Distribution of all proceeds under this chapter and s.
44 202.18(1)(b) and (2)(b) shall be as follows:
45 (d) The proceeds of all other taxes and fees imposed
46 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
47 and (2)(b) shall be distributed as follows:
48 1. In any fiscal year, the greater of $500 million, minus
49 an amount equal to 4.6 percent of the proceeds of the taxes
50 collected pursuant to chapter 201, or 5.2 percent of all other
51 taxes and fees imposed pursuant to this chapter or remitted
52 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
53 monthly installments into the General Revenue Fund.
54 2. After the distribution under subparagraph 1., 8.814
55 percent of the amount remitted by a sales tax dealer located
56 within a participating county pursuant to s. 218.61 shall be
57 transferred into the Local Government Half-cent Sales Tax
58 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
59 transferred shall be reduced by 0.1 percent, and the department
60 shall distribute this amount to the Public Employees Relations
61 Commission Trust Fund less $5,000 each month, which shall be
62 added to the amount calculated in subparagraph 3. and
63 distributed accordingly.
64 3. After the distribution under subparagraphs 1. and 2.,
65 0.095 percent shall be transferred to the Local Government Half
66 cent Sales Tax Clearing Trust Fund and distributed pursuant to
67 s. 218.65.
68 4. After the distributions under subparagraphs 1., 2., and
69 3., 2.0440 percent of the available proceeds shall be
70 transferred monthly to the Revenue Sharing Trust Fund for
71 Counties pursuant to s. 218.215.
72 5. After the distributions under subparagraphs 1., 2., and
73 3., 1.3409 percent of the available proceeds, plus the amount
74 required under s. 290.017(3), shall be transferred monthly to
75 the Revenue Sharing Trust Fund for Municipalities pursuant to s.
76 218.215. If the total revenue to be distributed pursuant to this
77 subparagraph is at least as great as the amount due from the
78 Revenue Sharing Trust Fund for Municipalities and the former
79 Municipal Financial Assistance Trust Fund in state fiscal year
80 1999-2000, no municipality shall receive less than the amount
81 due from the Revenue Sharing Trust Fund for Municipalities and
82 the former Municipal Financial Assistance Trust Fund in state
83 fiscal year 1999-2000. If the total proceeds to be distributed
84 are less than the amount received in combination from the
85 Revenue Sharing Trust Fund for Municipalities and the former
86 Municipal Financial Assistance Trust Fund in state fiscal year
87 1999-2000, each municipality shall receive an amount
88 proportionate to the amount it was due in state fiscal year
89 1999-2000.
90 6. Of the remaining proceeds:
91 a. In each fiscal year, the sum of $29,915,500 shall be
92 divided into as many equal parts as there are counties in the
93 state, and one part shall be distributed to each county. The
94 distribution among the several counties must begin each fiscal
95 year on or before January 5th and continue monthly for a total
96 of 4 months. If a local or special law required that any moneys
97 accruing to a county in fiscal year 1999-2000 under the then
98 existing provisions of s. 550.135 be paid directly to the
99 district school board, special district, or a municipal
100 government, such payment must continue until the local or
101 special law is amended or repealed. The state covenants with
102 holders of bonds or other instruments of indebtedness issued by
103 local governments, special districts, or district school boards
104 before July 1, 2000, that it is not the intent of this
105 subparagraph to adversely affect the rights of those holders or
106 relieve local governments, special districts, or district school
107 boards of the duty to meet their obligations as a result of
108 previous pledges or assignments or trusts entered into which
109 obligated funds received from the distribution to county
110 governments under then-existing s. 550.135. This distribution
111 specifically is in lieu of funds distributed under s. 550.135
112 before July 1, 2000.
113 b. The department shall distribute $166,667 monthly
114 pursuant to s. 288.1162 to each applicant certified as a
115 facility for a new or retained professional sports franchise
116 pursuant to s. 288.1162. Up to $41,667 shall be distributed
117 monthly by the department to each certified applicant as defined
118 in s. 288.11621 for a facility for a spring training franchise.
119 However, not more than $416,670 may be distributed monthly in
120 the aggregate to all certified applicants for facilities for
121 spring training franchises. Distributions begin 60 days after
122 such certification and continue for not more than 30 years,
123 except as otherwise provided in s. 288.11621. A certified
124 applicant identified in this sub-subparagraph may not receive
125 more in distributions than expended by the applicant for the
126 public purposes provided for in s. 288.1162(5) or s.
127 288.11621(3).
128 c. Beginning 30 days after notice by the Office of Tourism,
129 Trade, and Economic Development to the Department of Revenue
130 that an applicant has been certified as the professional golf
131 hall of fame pursuant to s. 288.1168 and is open to the public,
132 $166,667 shall be distributed monthly, for up to 300 months, to
133 the applicant.
134 d. Beginning 30 days after notice by the Office of Tourism,
135 Trade, and Economic Development to the Department of Revenue
136 that the applicant has been certified as the International Game
137 Fish Association World Center facility pursuant to s. 288.1169,
138 and the facility is open to the public, $83,333 shall be
139 distributed monthly, for up to 168 months, to the applicant.
140 This distribution is subject to reduction pursuant to s.
141 288.1169. A lump sum payment of $999,996 shall be made, after
142 certification and before July 1, 2000.
143 7. All other proceeds must remain in the General Revenue
144 Fund.
145 Section 3. Subsection (3) of section 218.23, Florida
146 Statutes, is amended to read:
147 218.23 Revenue sharing with units of local government.—
148 (3) The distribution to a unit of local government under
149 this part is determined by the following formula:
150 (a) First, the entitlement of an eligible unit of local
151 government shall be computed on the basis of the apportionment
152 factor provided in s. 218.245, which shall be applied for all
153 eligible units of local government to all receipts available for
154 distribution in the respective revenue sharing trust fund.
155 (b) Second, revenue shared with eligible units of local
156 government for any fiscal year shall be adjusted so that no
157 eligible unit of local government receives less funds than its
158 guaranteed entitlement.
159 (c) Third, revenues shared with counties for any fiscal
160 year shall be adjusted so that no county receives less funds
161 than its guaranteed entitlement plus the second guaranteed
162 entitlement for counties.
163 (d) Fourth, revenue shared with units of local government
164 for any fiscal year shall be adjusted so that no unit of local
165 government receives less funds than its minimum entitlement.
166 (e) Fifth, after the adjustments provided in paragraphs
167 (b), (c), and (d), the funds remaining in the respective trust
168 fund for municipalities shall be distributed to the appropriate
169 governing body eligible for a distribution under s. 290.017.
170 (f)(e) Sixth Fifth, after the adjustments provided in
171 paragraphs (b), (c), and (d), and (e), and after deducting the
172 amount committed to all the units of local government, the funds
173 remaining in the respective trust funds shall be distributed to
174 those eligible units of local government which qualify to
175 receive additional moneys beyond the guaranteed entitlement, on
176 the basis of the additional money of each qualified unit of
177 local government in proportion to the total additional money of
178 all qualified units of local government.
179 Section 4. Paragraph (a) of subsection (1) of section
180 220.181, Florida Statutes, is amended to read:
181 220.181 Enterprise zone jobs credit.—
182 (1)(a) There shall be allowed a credit against the tax
183 imposed by this chapter to any business located in an enterprise
184 zone which demonstrates to the department that, on the date of
185 application, the total number of full-time jobs is greater than
186 the total was 12 months prior to that date. The credit shall be
187 computed as 20 percent of the actual monthly wages paid in this
188 state to each new employee hired when a new job has been
189 created, as defined under s. 220.03(1)(ee), unless the business
190 is located in a rural enterprise zone, pursuant to s.
191 290.004(10) s. 290.004(6), in which case the credit shall be 30
192 percent of the actual monthly wages paid. If no less than 20
193 percent of the employees of the business are residents of an
194 enterprise zone, excluding temporary and part-time employees,
195 the credit shall be computed as 30 percent of the actual monthly
196 wages paid in this state to each new employee hired when a new
197 job has been created, unless the business is located in a rural
198 enterprise zone, in which case the credit shall be 45 percent of
199 the actual monthly wages paid, for a period of up to 24
200 consecutive months. If the new employee hired when a new job is
201 created is a participant in the welfare transition program, the
202 following credit shall be a percent of the actual monthly wages
203 paid: 40 percent for $4 above the hourly federal minimum wage
204 rate; 41 percent for $5 above the hourly federal minimum wage
205 rate; 42 percent for $6 above the hourly federal minimum wage
206 rate; 43 percent for $7 above the hourly federal minimum wage
207 rate; and 44 percent for $8 above the hourly federal minimum
208 wage rate.
209 Section 5. Paragraph (c) of subsection (5) of section
210 288.1175, Florida Statutes, is amended to read:
211 288.1175 Agriculture education and promotion facility.—
212 (5) The department shall competitively evaluate
213 applications for funding of an agriculture education and
214 promotion facility. If the number of applicants exceeds three,
215 the department shall rank the applications based upon criteria
216 developed by the department, with priority given in descending
217 order to the following items:
218 (c) The location of the facility in a brownfield site as
219 defined in s. 376.79(3), a rural enterprise zone as defined in
220 s. 290.004(10) s. 290.004(6), an agriculturally depressed area
221 as defined in s. 570.242(1), a redevelopment area established
222 pursuant to s. 373.461(5)(g), or a county that has lost its
223 agricultural land to environmental restoration projects.
224 Section 6. Section 290.004, Florida Statutes, is amended to
225 read:
226 290.004 Definitions relating to Florida Enterprise Zone
227 Act.—As used in ss. 290.001-290.016, the term:
228 (1) “Bond” means any bonds, notes, or other instruments
229 issued by the governing body pursuant to s. 290.015 and secured
230 by tax increment revenues or other security authorized in this
231 chapter.
232 (2)(1) “Community investment corporation” means a black
233 business investment corporation, a certified development
234 corporation, a small business investment corporation, or other
235 similar entity incorporated under Florida law that has limited
236 its investment policy to making investments solely in minority
237 business enterprises.
238 (3)(2) “Director” means the director of the Office of
239 Tourism, Trade, and Economic Development.
240 (4)(3) “Governing body” means the council or other
241 legislative body charged with governing the county or
242 municipality.
243 (5)(4) “Minority business enterprise” has the same meaning
244 as in s. 288.703.
245 (6)(5) “Office” means the Office of Tourism, Trade, and
246 Economic Development.
247 (7) “Retail development costs” mean any costs associated
248 with, or arising out of, or incurred in connection with:
249 (a) A retail development project;
250 (b) The issuance of, or debt service or any other payments
251 in respect of, the bonds, including costs of issuance,
252 capitalized interest, credit enhancement fees, reserve funds, or
253 working capital; or
254 (c) The relocation of any business in which the purpose of
255 relocation is to make space for a retail development project.
256 (8) “Retail development project” means the establishment of
257 a business within an urban enterprise zone engaged in direct
258 onsite retail sales to consumers or providing unique
259 entertainment attractions, including the following: acquisition,
260 purchasing, construction, reconstruction, improvement,
261 renovation, rehabilitation, restoration, remodeling, repair,
262 remediation, expansion, extension, and the furnishing,
263 equipping, and opening of the business. A retail development
264 project shall create at least 500 jobs and generate more than $1
265 million in taxes and fees collected pursuant to s. 212.20(6)(d).
266 A retail development project includes restaurants, grocery and
267 specialty food stores, art galleries, and businesses engaged in
268 sales of home furnishings, apparel, and general merchandise
269 goods to specialized customers, or providing a unique
270 entertainment attraction. A retail development project
271 specifically excludes:
272 (a) Liquor stores;
273 (b) Adult entertainment nightclubs;
274 (c) Adult book clubs; and
275 (d) The relocation of a business to the retail development
276 project from another location within the urban enterprise zone,
277 unless the relocation involves a significant expansion of the
278 size of the business.
279 (9) “Retail development project developer” means any person
280 sponsoring a retail development project.
281 (10)(6) “Rural enterprise zone” means an enterprise zone
282 that is nominated by a county having a population of 75,000 or
283 fewer, or a county having a population of 100,000 or fewer which
284 is contiguous to a county having a population of 75,000 or
285 fewer, or by a municipality in such a county, or by such a
286 county and one or more municipalities. An enterprise zone
287 designated in accordance with s. 290.0065(5)(b) or s. 379.2353
288 is considered to be a rural enterprise zone.
289 (11) “Sales tax TIF area” means a retail development
290 project that has been authorized by a governing body to receive
291 TIF proceeds or bond proceeds pursuant to an executed
292 development agreement between the governing body and a retail
293 development project developer to underwrite retail development
294 costs.
295 (12)(7) “Small business” has the same meaning as in s.
296 288.703.
297 (13) “Tax increment revenues” means the portion of
298 available sales tax revenue calculated pursuant to s.
299 290.0138(1).
300 (14) “TIF” means tax increment financing.
301 Section 7. Paragraph (a) of subsection (9) of section
302 290.0056, Florida Statutes, is amended, and present subsections
303 (11) and (12) of that section are redesignated as subsections
304 (12) and (13), respectively, and a new subsection (11) is added
305 to that section, to read:
306 290.0056 Enterprise zone development agency.—
307 (9) The following powers and responsibilities shall be
308 performed by the governing body creating the enterprise zone
309 development agency acting as the managing agent of the
310 enterprise zone development agency, or, contingent upon approval
311 by such governing body, such powers and responsibilities shall
312 be performed by the enterprise zone development agency:
313 (a) To review, process, and certify applications for state
314 enterprise zone tax incentives pursuant to ss. 212.08(5)(g),
315 (h), and (15); 212.096; 220.181; and 220.182; and 290.0137.
316 (11) Contingent upon the governing board’s designation of a
317 sales tax TIF area, the board shall also exercise the following
318 additional powers for the purpose of providing local financing
319 for public and private improvements that will foster job growth
320 and enhance the base of retailers within an urban enterprise
321 zone unless otherwise prohibited by ordinance:
322 (a) Enter into cooperative contracts and agreements with a
323 county, municipality, governmental agency, or private entity for
324 services and assistance;
325 (b) Acquire, own, convey, construct, maintain, improve, and
326 manage property and facilities and grant and acquire licenses,
327 easements, and options with respect to such property;
328 (c) Expend incremental sales tax revenues to promote and
329 advertise the commercial advantages of the district in order to
330 attract new businesses and encourage the expansion of existing
331 businesses; and
332 (d) Expend incremental sales tax revenues to promote and
333 advertise the district to the public and engage in cooperative
334 advertising programs with businesses located in the district.
335 Section 8. Subsection (1) of section 290.0057, Florida
336 Statutes, is amended to read:
337 290.0057 Enterprise zone development plan.—
338 (1) Any application for designation as a new enterprise
339 zone must be accompanied by a strategic plan adopted by the
340 governing board body of the municipality or county, or the
341 governing board bodies of the county and one or more of the
342 municipalities together. At a minimum, the plan must:
343 (a) Briefly describe the community’s goals for revitalizing
344 the area.
345 (b) Describe the ways in which the community’s approaches
346 to economic development, social and human services,
347 transportation, housing, community development, public safety,
348 and educational and environmental concerns will be addressed in
349 a coordinated fashion, and explain how these linkages support
350 the community’s goals.
351 (c) Identify and describe key community goals and the
352 barriers that restrict the community from achieving these goals,
353 including a description of poverty and general distress,
354 barriers to economic opportunity and development, and barriers
355 to human development.
356 (d) Describe the process by which the affected community is
357 a full partner in the process of developing and implementing the
358 plan and the extent to which local institutions and
359 organizations have contributed to the planning process.
360 (e) Commit the governing body or bodies to enact and
361 maintain local fiscal and regulatory incentives, if approval for
362 the area is received under s. 290.0065. These incentives may
363 include the municipal public service tax exemption provided by
364 s. 166.231, the economic development ad valorem tax exemption
365 provided by s. 196.1995, the business tax exemption provided by
366 s. 205.054, local impact fee abatement or reduction, or low
367 interest or interest-free loans or grants to businesses to
368 encourage the revitalization of the nominated area.
369 (f) Identify the amount of local and private resources that
370 will be available in the nominated area and the private/public
371 partnerships to be used, which may include participation by, and
372 cooperation with, universities, community colleges, small
373 business development centers, black business investment
374 corporations, certified development corporations, and other
375 private and public entities.
376 (g) Indicate how state enterprise zone tax incentives and
377 state, local, and federal resources will be utilized within the
378 nominated area.
379 (h) Identify the funding requested under any state or
380 federal program in support of the proposed economic, human,
381 community, and physical development and related activities.
382 (i) Identify baselines, methods, and benchmarks for
383 measuring the success of carrying out the strategic plan.
384 Section 9. Subsection (9) is added to section 290.007,
385 Florida Statutes, to read:
386 290.007 State incentives available in enterprise zones.—The
387 following incentives are provided by the state to encourage the
388 revitalization of enterprise zones:
389 (9) Within urban enterprise zones, the designation of a
390 sales tax TIF area.
391 Section 10. Section 290.0136, Florida Statutes, is created
392 to read:
393 290.0136 Sales tax TIF area; intent and purpose.—
394 (1) The Legislature intends to foster the revitalization of
395 counties and municipalities and support job-creating retail
396 development projects within urban enterprise zones by
397 authorizing the governing bodies of counties and municipalities
398 to designate sales tax TIF areas within urban enterprise zones,
399 subject to the review and approval by the office.
400 (2) The Legislature finds that by authorizing local
401 governing bodies of an urban enterprise zone to designate a
402 sales tax TIF area, the counties or municipalities may share
403 with the state any annual increase in sales tax collections
404 occasioned by a retail development project and advance the
405 revitalization of such counties and municipalities. Through the
406 sharing of any annual increases in sales tax collections within
407 a sales tax TIF area resulting from the advancement of a retail
408 development project, the Legislature intends to provide local
409 financing for public and private improvements that will foster
410 job growth for the residents of economically distressed areas
411 and enhance the base of local retailers serving residents of the
412 urban enterprise zones and the surrounding communities.
413 Section 11. Section 290.0137, Florida Statutes, is created
414 to read:
415 290.0137 Designation of sales tax TIF area; review and
416 approval by the office.—
417 (1) Any municipality having a population of at least
418 250,000 residents which has designated an enterprise zone, or
419 all the governing bodies in the case of a county and one or more
420 municipalities having been designated an enterprise zone if the
421 county has a population of at least 750,000 residents, may adopt
422 a resolution following a public hearing designating a sales tax
423 TIF area to support the development of a retail development
424 project.
425 (2) The resolution creating a sales tax increment
426 redevelopment district, at a minimum, shall:
427 (a) Include findings that the designation of the sales tax
428 TIF area:
429 1. Is essential to the advancement of a retail development
430 project;
431 2. Will provide needed retail amenities within the urban
432 enterprise;
433 3. Will result in the creation of a total of 500 new jobs
434 and not less than $1 million in sales tax increment revenue
435 annually; and
436 4. Will enhance the health and general welfare of the
437 residents of urban enterprise zone within the sponsoring
438 municipality or county;
439 (b) Fix the geographic boundaries of the sales tax TIF area
440 necessary to support the advancement of a retail development
441 project;
442 (c) Establish the term of the life of the sales tax TIF
443 area, which term shall not exceed 30 years from the earlier date
444 the sales tax TIF area is approved following review by the
445 office;
446 (d) Establish the base year for determination of sales tax
447 receipts collected pursuant to s. 212.20(6), less the amount
448 required under s. 290.0138(1); and
449 (e) Authorize staff of the governing body to negotiate a
450 development agreement with the retail development project
451 developer.
452 (3) A copy of the resolution adopted by the governing body
453 designating the sales tax TIF area shall be transmitted to the
454 office for its review. The office, in consultation with
455 Enterprise Florida, Inc., shall determine whether the
456 designation of the sales tax TIF area complies with the
457 requirements of this chapter.
458 (4) Upon determining that the designation by the governing
459 body complies with the requirements of this chapter, a copy of
460 the resolution establishing the sales tax TIF area redevelopment
461 district shall be transmitted to the Department of Revenue.
462 Section 12. Section 290.0138, Florida Statutes, is created
463 to read:
464 290.0138 Calculation of tax increment revenue contribution
465 to governing body.—
466 (1) The governing body of a designated sales tax TIF area
467 shall be eligible for a percentage distribution of from the
468 Revenue Sharing Trust Fund for Municipalities of the increased
469 collections of the state tax on sales, use, and other
470 transactions realized during any month by the municipality over
471 the same monthly period of the base year, as follows:
472 (a) Eighty-five percent of the increased monthly
473 collections of $85,000 or less.
474 (b) Seventy-five percent of the increased monthly
475 collections greater than $85,000 but $425,000 or less.
476 (c) Fifty percent of the increased monthly collections
477 greater than $425,000 but $675,000 or less.
478 (d) Twenty-five percent of the increased monthly
479 collections greater than $675,000 but $1 million or less.
480 (e) Zero percent of the increased monthly collections of
481 more than $1 million.
482 (2) The specific amount payable to each eligible governing
483 body shall be determined monthly by the Department of Revenue
484 for distribution to the appropriate eligible governing body in
485 accordance with subsection (1). The Department of Revenue shall
486 determine monthly the aggregate amount of sales tax revenue that
487 is required for distribution to eligible governing body under
488 this section and transfer that amount from the General Revenue
489 Fund to the Revenue Sharing Trust Fund for Municipalities in
490 accordance with s. 212.20(6)(d)5. All amounts transferred to the
491 Revenue Sharing Trust Fund for Municipalities shall be
492 distributed as provided in s. 218.23(3)(e). At no time shall the
493 total distribution provided to the eligible governing body
494 exceed the total tax increment revenue contribution set forth in
495 the retail project development agreement required pursuant to s.
496 290.0139.
497 (3) Each governing body receiving percentage distribution
498 pursuant to the subsection (1) shall establish a separate tax
499 increment revenue account within its general fund for the
500 deposit of the sales tax increment for each sales tax TIF area.
501 Section 13. Section 290.0139, Florida Statutes, is created
502 to read:
503 290.0139 Retail development project agreement.—
504 (1) A retail development project developer desiring to use
505 tax increment revenues to underwrite retail development costs
506 shall enter into a retail development project agreement with the
507 governing body of the county or municipality designating a sales
508 tax TIF area. The agreement shall set forth:
509 (a) The goals and objectives of the retail development
510 project;
511 (b) Requirements for leasing of retail space within the
512 retail development project which will advance the goals and
513 objectives;
514 (c) The terms and conditions pursuant to which tax
515 increment revenue or bond proceeds will be advanced to pay
516 retail developments costs incurred in the sales tax TIF area;
517 (d) The total amount of the tax increment revenue to be
518 contributed to pay retail development costs within the sales tax
519 TIF area;
520 (e) Goals for the hiring of minority business enterprises
521 to perform construction or operations work, which goal shall
522 equal an amount not less than 25 percent of the total amount of
523 tax increment revenue contributed towards the payment of retail
524 development costs within the sales tax TIF area;
525 (f) Goals for the hiring of urban enterprise zone residents
526 for the new jobs created by the retail development project,
527 which goal shall equal at least 35 percent of the new jobs
528 created;
529 (g) Such matters as may be required in connection with the
530 issuance of bonds to support the retail development project; and
531 (h) Such other matters as the governing body designating
532 the sales tax TIF area may determine to be necessary and
533 appropriate.
534 (2) Tax increment revenues or bond proceeds may not be
535 advanced to pay retail development costs until such time as the
536 retail development project is open to the general public.
537 (3) A retail project development agreement shall be
538 approved by resolution of the governing body following a public
539 hearing.
540 Section 14. Section 290.014, Florida Statutes, is amended
541 to read:
542 290.014 Issuance of tax increment revenue bonds; use of
543 bond proceeds; funding agreement Annual reports on enterprise
544 zones.—
545 (1) If authorized or approved by resolution of the
546 governing body that designated the sales tax TIF area created
547 the sales tax increment redevelopment district, following a
548 public hearing, tax increment revenues may be used to support
549 the issuance of revenue bonds to finance retail redevelopment
550 costs of a retail development project, including the payment of
551 principal and interest upon any advances for surveys and plans
552 or preliminary loans.
553 (2) Bonds issued under this section do not constitute
554 indebtedness within the meaning of any constitutional or
555 statutory debt limitation or restriction and are not subject to
556 the provisions of any other law or charter relating to the
557 authorization, issuance, or sale of bonds. Bonds issued under
558 this section are declared to be issued for an essential public
559 and governmental purpose, and the interest and income from the
560 bonds are exempt from all taxes, except taxes imposed by chapter
561 220 on corporations.
562 (3) Bonds issued under this section may be issued in one or
563 more series and may bear such date or dates, be payable upon
564 demand or mature at such time or times, bear interest at such
565 rate or rates, be in such denomination or denominations, be in
566 such form either with or without coupon or registered, carry
567 such conversion or registration privileges, have such rank or
568 priority, be executed in such manner, be payable in such medium
569 of payment at such place or places, be subject to such terms of
570 redemption with or without a premium, be secured in such manner,
571 and have such other characteristics as may be provided by the
572 resolution or ordinance authorizing their issuance. Bonds issued
573 under this section may be sold in such manner, either at public
574 or private sale, and for such price as the designated
575 redevelopment agency may determine will effectuate the purposes
576 of this section.
577 (4) In any suit, action, or proceeding involving the
578 validity or enforceability of any bond issued under this
579 section, any bond that recites in substance that it has been
580 issued by the governing body in connection with the sales tax
581 increment district for a purpose authorized under this section
582 is conclusively presumed to have been issued for that purpose,
583 and any project financed by the bond is conclusively presumed to
584 have been planned and carried out in accordance with the
585 intended purposes of this section.
586 (1) By February 1 of each year, the Department of Revenue
587 shall submit an annual report to the Office of Tourism, Trade,
588 and Economic Development detailing the usage and revenue impact
589 by county of the state incentives listed in s. 290.007.
590 (2) By March 1 of each year, the office shall submit an
591 annual report to the Governor, the Speaker of the House of
592 Representatives, and the President of the Senate. The report
593 shall include the information provided by the Department of
594 Revenue pursuant to subsection (1) and the information provided
595 by enterprise zone development agencies pursuant to s. 290.0056.
596 In addition, the report shall include an analysis of the
597 activities and accomplishments of each enterprise zone.
598 Section 15. Section 290.015, Florida Statutes, is created
599 to read:
600 290.015 Annual reports on enterprise zones.—
601 (1) By February 1 of each year, the Department of Revenue
602 shall submit an annual report to the Office of Tourism, Trade,
603 and Economic Development detailing the usage and revenue impact
604 by county of the state incentives listed in s. 290.007.
605 (2) By March 1 of each year, the office shall submit an
606 annual report to the Governor, the President of the Senate, and
607 the Speaker of the House of Representatives. The report shall
608 include the information provided by the department pursuant to
609 subsection (1) and the information provided by enterprise zone
610 development agencies pursuant to s. 290.0056. In addition, the
611 report shall include an analysis of the activities and
612 accomplishments of each enterprise zone.
613 Section 16. This act shall take effect July 1, 2011.
614
615 ================= T I T L E A M E N D M E N T ================
616 And the title is amended as follows:
617 Delete everything before the enacting clause
618 and insert:
619 A bill to be entitled
620 An act relating to revitalizing municipalities;
621 amending s. 212.096, F.S.; conforming a cross
622 reference; amending s. 212.20, F.S.; providing for the
623 transfer of certain sales tax revenues from the
624 General Revenue Fund to the Revenue Sharing Trust Fund
625 for Municipalities; amending s. 218.23, F.S.;
626 providing for a distribution from the Revenue Sharing
627 Trust Fund for Municipalities relating to an increase
628 in sales tax collections over the preceding year to
629 the governing body of an area that receives tax
630 increment revenues pursuant to a designation as a
631 sales tax TIF area; amending ss. 220.181 and 288.1175,
632 F.S.; conforming cross-references; amending s.
633 290.004, F.S.; providing definitions; amending s.
634 290.0056, F.S.; revising provisions relating to the
635 enterprise zone development agency; providing powers
636 of the governing board upon the designation of a sales
637 tax TIF area; amending s. 290.0057, F.S.; revising
638 provisions relating to an enterprise zone development
639 plan to conform to changes made by the act; amending
640 s. 290.007, F.S.; providing an economic incentive
641 within urban enterprise zones designated as sales tax
642 TIF areas; creating ss. 290.0136, 290.0137, 290.0138,
643 and 290.0139, F.S.; providing legislative intent and
644 purposes; authorizing specified governing bodies to
645 create a sales tax TIF areas within a county or
646 municipality having a specified population; providing
647 that the governing body for an enterprise zone where a
648 sales tax TIF area is located is eligible for
649 specified percentage distributions of increased state
650 sales tax collections under certain circumstances;
651 requiring the Department of Revenue to determine the
652 amount of increased sales tax collections to be
653 distributed to each eligible designated redevelopment
654 agency and to transfer the aggregate amount due to all
655 such agencies to the Revenue Sharing Trust Fund for
656 Municipalities for distribution; granting specified
657 powers to a governing body for a sales tax TIF area
658 for the purpose of providing financing and fostering
659 certain public and private improvements, including
660 issuing revenue bonds; requiring that an agreement
661 between a designated redevelopment agency and private
662 sponsor of a project include a requirement that a
663 specified number of jobs be created under certain
664 circumstances; amending s. 290.014, F.S.; providing
665 for the issuance of tax increment revenue bonds and
666 the use of such bonds; creating s. 290.015, F.S.;
667 requiring that the Department of Revenue submit an
668 annual report to the Office of Tourism, Trade, and
669 Economic Development within the Executive Office of
670 the Governor which details the usage and revenue
671 impact by county of the state incentives by a
672 specified date; requiring that the office submit an
673 annual report to the Governor and the Legislature
674 which includes the information provided by the
675 department and enterprise zone development agencies by
676 a specified date; providing an effective date.